WASHINGTON — Leaders of the right-wing Proud Boys dubbed “Lords of War” agreed to “use any means necessary” in their violent 2021 attack on the U.S. Capitol, which they hoped would prevent Joe Biden from becoming president, a prosecutor told jurors Thursday.
“These ‘Lords of War’ joined together to stop the transfer of presidential power” and keep Donald Trump in the White House, even though he’d lost the election, Justice Department attorney Jason McCullough said during opening statements in the seditious conspiracy trial of five Proud Boys, including former chairman of the group, Enrique Tarrio.
According to the government, the defendants helped spearhead the attack on Jan. 6, 2021, when Trump supporters sought to prevent Congress from certifying the 2020 election results. During the riot, 140 police officers were assaulted and the attackers caused more than $2 million in property damage.
The Proud Boys were part of “every critical breach” on the day of the attack on the Capitol building, “from the first street barriers, up the concrete steps and through the window,” McCullough said.
Defense attorneys argued on Thursday that the evidence would show there was no plan by their clients to stop the transfer of power.
More than 950 people have been arrested in connection with the attack, but only a handful were accused of seditious conspiracy for allegedly using violence to oppose federal government authority or hinder execution of U.S. laws. Two leaders of the far-right Oath Keepers group were convicted of the charge in November.
Tarrio, Ethan Nordean, Joseph Biggs, Zachary Rehl and Dominic Pezzola have pleaded not guilty to the charges, including obstruction of an official proceeding, destruction of government property and assaulting, resisting, or impeding certain officers.
Tarrio’s attorney, Sabino Jauregui, told jurors his client sought to avoid violence, that there was no evidence showing Tarrio planned or incited the riot that day, and that the government had taken comments by the Proud Boys out of context.
Jauregui claimed it was Trump who “unleashed the mob” that breached the Capitol with his fiery speech to supporters earlier that morning. “He’s the one that told them to march over to the Capitol and fight like hell,” the defense lawyer said.
Nicholas Smith, an attorney for Nordean, said witnesses will testify that the former president was the “prime mover who whipped up the crowd” with his speech.
The defense lawyer said evidence from a government informant shows the Proud Boys weren’t to blame for the breach of Capitol barriers, but rather a “herd mentality” among protesters. Smith said none of the defendants is proud of what happened on Jan. 6, which he called a “historic embarrassment” for the country.
A congressional committee investigating the Jan. 6 attack concluded in its final report last month that the Proud Boys played a leading role and blamed Trump for encouraging its members, including comments he made before the election.
When asked during a presidential debate if he’d be willing to tell White nationalist and militia groups to stand down, Trump said they should “stand back and stand by.” The Proud Boys began selling merchandise with the “stand back and stand by” slogan, the committee said in its final report. Trump later condemned the group and claimed he had meant to say they should stand down and let police handle leftist protesters.
Tarrio’s lawyer told the jury Proud Boys aren’t racists, but call themselves Western Chauvinists because they believe “America is the best.” It’s “basically a drinking club,” he said. However, the government says the group glorifies violent clashes with leftists and claims that men and Western culture are under siege from progressive policies favoring women and under-represented groups.
In December 2020, Tarrio posted “Lords of War #J6#J20,” in reference to the election certification and the presidential inauguration, McCullough told jurors.
In the days after the election, the five Proud Boys on trial “began calling for action, calling for war,” the prosecutor said. “These men did not stand back, they did not stand by. Instead, they mobilized. On Jan. 6 they took aim at the heart of our democracy.”
The committee also highlighted a December 2020 tweet by Trump calling supporters to Washington to protest on the day of the election certification. “For the Proud Boys and their leader, Henry ‘Enrique’ Tarrio, President Trump’s tweet set in motion a chain of events that led directly to the attack on the U.S. Capitol,” according to the report.
McCullough showed jurors a violent video posted by one of the defendants that concluded with “F*ck Antifa.”
“This was the image that these defendants sought to promote in their fight to keep Donald Trump in office,” the prosecutor said, adding that Tarrio believed a Biden presidency was a threat to the organization’s existence.
The government has alleged that four of the defendants entered the building, while Tarrio communicated with them and praised what transpired in a social media post. “Proud Of My Boys and my country,” he wrote. Tarrio was forced to depart Washington before the riot, after he was arrested for stealing and burning a #BLACKLIVESMATTER banner from a Washington church on a separate visit.
Tarrio has denied the government’s claims, explaining that he alerted Metropolitan Police Officer Shane Lamond to the group’s plans, which included attending Trump’s speech, protesting the election results and partying that night with “plenty of beer and babes,” according to a defense filing.
Lamond is unlikely to testify on behalf of the defense because he is under investigation for possible obstruction of justice tied to Tarrio, according to the filing. Tarrio unsuccessfully tried to convince Kelly to either dismiss the indictment or force the government to immunize Lamond. Kelly said he couldn’t find evidence of misconduct by prosecutors that would warrant such a ruling.
Defense lawyers had sought to move the trial out of Washington after prospective jurors expressed negative feelings about the group. But U.S. District Judge Timothy Kelly refused.
—With assistance from Erik Larson.
